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Frequently Asked Questions

This page is a collection of all of the frequently asked questions found throughout the Rapid Response and Employer Services System web site. They are organized by section and category, but you can use the search form below to find the answers you are looking for.


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WARN related FAQ:
Attorney Fees in WARN Cases
1 Are attorney's fees available in WARN cases? Read
Bankruptcy
1 How is WARN applicable to bankruptcy situations? Read
2 Is my employer required to give notice if they declare bankruptcy? Read
Bumping
1 What obligations does an employer have to give notice when there is an established bumping rights system? Read
2 What obligations does an employer have to give notice when there is an established bumping rights system? Read
3 Is an employer obligated to give notice to everyone even when all affected workers cannot be identified? Read
4 In the case of a union contract, if the employer meets the requirements of the regulations and provides notification to the union representative as to the job classifications and the names of employees who are in those job classifications, Read
5 Does an employer have to tell employees what method it used to determine who receives layoff notices? Does job tenure or seniority make a difference? Read
Clarification of Who is Required to Receive Notice
1 Where is the 'single site' of my office if I travel widely within a large geographic area for example, if I am a salesperson? Read
2 How do I determine whether I am considered a full- or part-time worker for the purposes of receiving a WARN notice? Read
3 If an employee was on a leave of absence, (workers' compensation, medical, maternity, or other leave) - when notice was given to other workers, should they have received a notice as well? Read
Employee Access to Accrued Vacation Time
1 Can I elect not to give employees paid vacation in the event of a closure or layoff? Read
Employee Transfers
1 How do I determine if the transfer I am offering employees is of a "reasonable commuting distance"? Is it based on time, mileage, local custom, or some combination? Read
Employees - Part-Time and Full-Time
1 What timeframe is to be used in calculating whether an employee works fewer than 20 hours per week, on average, thereby making them a part-time employee? Read
2 In a mass layoff of fewer than 500 workers, do you exclude part-time workers from the total workforce, the group of workers laid off, or both? Read
Employer Prohibited from Ordering A Plant Closing
1 Can an employer be forced to keep a plant open or retain employees? Read
Entitlement to Vacation Pay
1 Can an employer elect not to give an employee paid vacation in the event of a layoff or closure? Read
Increased Workers' Compensation Claims and Potential Sabotage
1 Should employers be concerned about increased workers' compensation claims when notice is given? Read
2 Is sabotage a concern when notice is given? Read
Labor Disputes, Strikes, and Lockouts
1 Is a labor dispute; e.g. strike by a union or a lockout by management, considered a mass layoff under WARN? Read
Miscelaneous
1 Is a labor dispute; e.g. strike by a union or a lockout by management, considered a mass layoff under WARN? Read
Notice Mailing Requirement
1 When notice is mailed, at what point does the 60-day timeframe commence? Is it from the date of mailing, the date of receipt, or a reasonable period of time after the mailing? Read
Other Laws and Contracts
1 Does WARN replace other notice laws or contracts? Read
Pay in Lieu of Warn Notice
1 Can I pay my employees for the 60 days instead of sending them a WARN notice? Read
2 What if an employee is receiving 60 days' pay, instead of a WARN notice, and gets a new job? Am I required to continue paying them until the end of the 60-day period? Read
3 Can a severance package be offered instead of a notice? Read
4 Can an employer pay salary and benefits for 60 days in lieu of notice? Read
5 What if I pay my employees for 60 days in lieu of notice and then an employee gets another job within what would have been the notice period? Am I required to continue making payments to the employee through the notice period? Read
6 Can severance pay offset WARN damages? Read
Penalties for Failure to Give Notice
1 Are there penalties to the employer for violating the WARN advance notice requirement? Read
Postponement of Layoff
1 If a WARN notice was given and then postponed because an order was received for more work, am I obligated to give a new 60-day notice? Read
Sale of a Business
1 In a hostile takeover situation, if the seller refuses to give notice, should the buyer give notice before actually buying the company? Read
2 When an employee is offered employment with the buyer but refuses, is this considered an employment termination or a voluntary departure? Read
3 If employees are terminated without notice at the instant the sale becomes effective, which party is liable - the seller or the buyer? Read
4 If an employee is terminated without notice at the instant the sale of the business becomes effective, which party is liable? The seller who employed the person or the new buyer of the business? Read
5 If I am offered a job with the buyer of the business and I refuse it, is this considered a voluntary departure? Read
6 If the buyer retains the employees for a brief period after the sale but then terminates them within 60 days after the sale, is the buyer liable for the full 60-day notice or is liability allocated between the seller and the buyer based upon time of employment with each during the 60-day period preceding the termination? Read
7 When a buyer chooses to continue the seller's employees in their previous jobs but at a substantial reduction in wages and fringe benefits, has the buyer constructively discharged the employees, and what would constitute a constructive discharge/involuntary departure? Read
8 If the buyer of the business continues to employ me but decreases my wages and benefits, has the buyer 'constructively discharged' me? Read
Single Site of Employment
1 Where is the 'single site' of an office whose employees travel widely within large geographic regions' for example, salespersons? Read
Timing
1 When do I need to determine whether the WARN Act applies to my business? Read
Transfers
1 If my employer offers to transfer me to another location, how do I know if the transfer is within a reasonable commuting distance? Is it based on time, mileage, local custom, or some combination? Read
Waiving the Right to Notice
1 Can I ask my employees to waive their rights to notice under WARN? Read
2 Can I waive my right to notice under WARN? Read
When Affected Employees Cannot be Identified
1 Should I give notice to all of my employees, even if the affected employees cannot be identified? Read
 
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